5.  The applicants, Mr Dominik Korzeb and Mr Marcin Korzeb, are brothers. They were born in 1979 and 1981 respectively and live in Ostrów Mazowiecka.
6.  The first applicant, Dominik Korzeb, was arrested on 17 July 2001 on suspicion of having raped a minor, broken into a shop in a State school, and caused damage to State property. On 23 July 2001 the Ostrowia Mazowiecka District Court (Sąd Rejonowy) remanded him in custody.
7.  That decision was justified by a reasonable risk that he would abscond, especially since he had already gone into hiding and had been sought under a “wanted” notice. The court also relied on a serious risk that the applicant would attempt to induce witnesses to give false testimony or obstruct the proper conduct of the proceedings.
8.  The other applicant, Marcin Korzeb, was arrested on 20 June 2001 on suspicion of having been an accomplice to the offences allegedly committed by his brother and two other persons. On 22 July 2001 the Ostrów Mazowiecka District Court remanded him in custody.
9.  In the course of the investigation, the applicants’ pre-trial detention was extended on several occasions by virtue of decisions of the Ostrołęka Regional Court (Sąd Okręgowy) of 9 August and 22 October 2001, and of 23 January 2002. In all their detention decisions the authorities repeatedly relied on the original grounds given for the applicants’ detention.
10.  The applicants’ appeals against the decisions extending their detention and all their subsequent numerous applications for release and appeals against refusals to release them were unsuccessful. In their applications and appeals, they argued that the charge against them had been based on unreliable and contradictory evidence. They also relied on their personal circumstances, in particular the need to care for their elderly mother who had twice attempted to commit suicide since the applicants’ detention.
11.  On 4 April 2002 the Ostrów Mazowiecka District Prosecutor (Prokurator Rejonowy) lodged a bill of indictment with the Ostrołęka Regional Court. The applicants were charged with rape, criminal damage to State property and burglary.
12.  On 26 June 2002 the case of a co-defendant, who had meanwhile been apprehended, was joined to the applicants’ case.
13.  From 20 May to 9 June 2003 the first applicant, Dominik Korzeb, was serving a prison sentence imposed on him in unrelated criminal proceedings.
14.  During the court proceedings the authorities further extended the applicants’ detention by decisions of the Ostrołęka Regional Court of 24 April and 23 July 2002, a further decision of an unspecified date, 19 December 2002, another decision of an unspecified date, and lastly, its decision of 29 May 2003. In the latter decision the court extended Dominik Korzeb’s detention until 16 July 2003 and Marcin Korzeb’s detention until 19 June 2003. The court reiterated the grounds previously given for the applicants’ continued detention. In addition, the court justified the measure in question by the need to obtain a psychiatric report on Marcin Korzeb and to apprehend one further suspect who was still at large.
15.  On 20 June and 17 July 2003, respectively, the length of the applicants’ detention on remand reached the statutory two-year time‑limit laid down in Article 263 § 3 of the Code of Criminal Procedure (Kodeks postępowania karnego). From that time on, the detention of Dominik Korzeb was extended by decisions of the Warsaw Court of Appeal of 1 August 2003 (upheld by the same court on 16 September 2003) and 3 October 2003 (upheld on 12 November 2003). Likewise, the detention of Marcin Korzeb was extended by virtue of decisions of the Warsaw Court of Appeal of 13 June 2003 (upheld by the same court on 29 July 2003) and 16 September 2003 (upheld on 24 October 2003).
16.  Subsequently, as a result of amendments to the Code of Criminal Procedure and the death of a judge sitting in the case, the Ostrołęka Regional Court was no longer competent to deal with the applicants’ case. Consequently, on 20 November 2003 the case was referred to the Ostrowia Mazowiecka District Court and the trial commenced de novo.
17.  On 16 December 2003 the Warsaw Court of Appeal (Sąd Apelacyjny) delivered a decision upholding the preventive measure in respect of both applicants. Their pre-trial detention was considered to be justified by the fact that the reasons initially relied on were still valid and that the proceedings were pending before a newly composed court. This decision was upheld by the same court on 26 January 2004.
18.  On 2 February 2004 the first hearing was held before the Ostrowia Mazowiecka District Court. It was followed by hearings on 19 February and 4 March 2004.
19.  On 4 March 2004 the Ostrowia Mazowiecka District Court convicted the applicants as charged and sentenced each of them to six years’ imprisonment.
20.  The applicants appealed. They were kept in detention pending the outcome of their appeal.
21.  On 3 June 2004 the Ostrołęka Regional Court upheld the first-instance judgment.
22.  The applicants failed to lodge a cassation appeal (kasacja) with the Supreme Court (Sąd Najwyższy).